EPA v. METAL MANAGEMENT MIDWEST, INC. (COMETCO FACILITY)

Case summary

THE COMETCO FACILTY CONTAINS A SURFACE IMPOUNDMENT WHICH CON TAINS A THICK LAYER OF CUTTING OILS PRESENT ON ITS SURFACE. THIS CONSTITUTES A VIOLATION OF THE RCRA USED OIL REGULATIONS. 40 C.F.R. PART 279; AND THE ILLINOIS STATE-AUTHORIZED REGULATIONS AT 35 ILL. ADM. CODE PART 739. ADDITIONALLY THE FOLLOWING VIOLATIONS WERE IDENTIFIED AT THIS FACILITY: (1) VIOLATIONS OF THE RCRA HAZARDOUS WASTE STANDARDS RELATING TO GENERATORS, (2) AN UNPERMITTED POINT-SOURCE DISCHARGE PROBABLY FROM THE SETTLING POND, INTO THE CHICAGO RIVER; (3) REPORTING VIOLATIONS OF THE FACILITY'S STORMWATER DISCHARGE PERMIT; AND (4) VIOLATIONS OF THE CFC REGULATIONS UNDER THE CLEAN AIR ACT. USEPA entered the consent decree in this matter in 7/2003, which will resolve MMMI's violations of RCRA, CAA, CWA, OPA, and TSCA at four separate facilities owned by the company, all located in Chicago, Illinois. Pre-filing negotiations and the settlement have resulted in the following benefits to the environment: (1) the removal of 23,500 gallons of used oil from an illegal surface impoundment, (2) the reduction in 5074 pounds/year of CFCs being vented to the atmosphere, (3) the construction of secondary containment and formulation of spill prevention and countermeasure plans, greatly diminishing the threat that 27,840 gallons of petroleum products could discharge into Chicago-area waterways, and (4) the plugging of an illegal point source discharge, which previously discharged an unknown amount of oil and grease into the Chicago River. In addition, MMMI will pay a civil penalty of $2,275,000. Finally, MMMI will conduct environmental compliance audits at its facilities which have not been inspected by EPA, and will conduct educational activities aimed at teaching the alley scrapper population its responsibilities under the CFC regulations.

Defendants (1)

• METAL MANAGEMENT MIDWEST, INC. COMETCONamed in complaintNamed in settlement

Facilities (5)

• METAL MANAGEMENT MIDWEST, INC. (PAULINA FACILITY)

  2500 S PAULINA ST, CHICAGO, IL, 60608

  Registry ID: 110012452531

• COMETCO CORPORATION (FKA: COZZI)

  1509 W. CORTLAND, CHICAGO, IL, 60642-1215

  Registry ID: 110001357102

• METAL MANAGEMENT MIDWEST, INC.

  3151 S. CALIFORNIA, CHICAGO, IL, 60608

  Registry ID: 110010742740

• COMETCO CORP

  1509 W COURTLAND ST, CHICAGO, IL, 606221215

  Registry ID: 110001357102

• SCRAP PROCESSING INCORPORATED

  9331 SOUTH EWING, CHICAGO, IL, 60617

  Registry ID: 110001813048

Statutes cited

• TSCA 6-PCBS — PCBS
• CAA 608 — National Recycling & Emission Reduction Program
• CWA 301 — NPDES Discharge without a Permit
• CWA 311J — SPCC and/or Federal Response Plan Violations
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• METALS MANAGEMENT MIDWEST, INC. (BANKRUPTCY)entered 2003-07-17

  Primary law: RCRA

  Federal penalty: $2,275,550

Timeline (5 milestones)

• 2000-09-20Referred To Dept Of Justice
• 2000-10-11Enforcement Action Data Entered
• 2001-06-15Complaint Filed With Court
• 2001-06-15Final Order Lodged
• 2003-07-17Final Order Entered